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HomeMy WebLinkAbout01/20/1993 (2)`r Minutes of a Regular Meeting January 20, 1993 Town of Los Altos Hills City Council Meeting Wednesday, January 20,1993,6:00 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Johnson called the Regular Meeting of the City Council to order at 6:35 p.m. in the Council Chambers at Town Hall. Present: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel Absent: Mayor Tryon Staff: City Manager Les M. Jones II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson and City Clerk Pat Dowd Press: Bill Kisliuk, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Schreiner reported on the January 13th meeting of the Planning Commission. Regarding the items on the Consent Calendar, the Lands of Saah/Macar Land Company lot line adjustment met the Town's ordinances and the Commission determined that the fire road was on Lot 16 and thus not an issue regarding this application. The Commission discussed the placement and access of parking during the hearing on Lands of Rafinejad and approved the request for a second unit. The Commission also heard a request for a variance for patios on Lands of Abraham on Viscaino. This request was denied in that this was a sub- standard lot which was overdeveloped without even counting the patios which had been built six years ago without permit and the findings could not be made for January 20, 1993 granting a variance. Commissioner Schreiner also reported on the Planning Commission's discussion of the Housing Element. She reported that they had discussed this issue on the 13th and the following topics were addressed: constraints to housing (including economic - high cost of land and development and environmental -- specific problems to Los Altos Hills including slopes and seismic activity); overall goal of giving an accurate picture of the Town (infrastructure in place, Town almost built out); what is already being done regarding the housing issue such as secondary dwellings; and what might be done in the future (possibly waiving fees for secondary dwellings and/or a surcharge on last 1,000 square feet of development on each property). Siegel asked that a Closed Session be scheduled for the next City Council Meeting to address the issue of the patios on Lands of Abraham which had been built without permits. Dauber requested a history of this project be made available to the Council prior to the Closed Session. 4. CONSENT CALENDAR Items Removed: Item 4.1, 4.3 and 4.7 (Dauber) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.2 Decided Not To Review the following Planning Commission Actions at Its Meeting on January 13, 1993: 4.2a Lands of Saah-Macar Land Company, 12000 Stonebrook, Tract 8331, Lot 17: approved request for a Lot Line Adjustment. 4.2b Lands of Rafinejad, 26650 Ascension Drive: approved request for a Site Development Permit for a Second Unit. 4.4 Pathways Recreation and Parks Committee: approved request for $190 to cover costs of Kathy Freeman attending the Tenth Annual California Trails Conference 4.5 Accepted dedication of property for right of way, Lands of Markoff, 27961 Central Drive -- Reso. #1-93 4.6 Accepted dedication of easement for pathway, Lands of Markoff, 27961 Central Drive -- Reso #2-93 January 20, 1993 L Items Removed: 4.1 Approval of Warrants: $46,640.76 (12/31/92) Dauber referred to the warrants shown regarding the Town Float and asked how the bills for this project had been handled. It was agreed that this matter would be discussed later in the meeting with the report on the Town Float Project. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously by all members present to approve the warrants: $46,649.76 (12/31/92). 4.3 Request for a Site Development Permit for a new residence, pool and spa, Lands of Viso, 28620 Matadero Creek Court Discussion of this item was moved to Unfinished Business. 4.7 Acknowledging irrevocable offer of dedication of right of way, Lands of Markoff, 27961 Central Drive -- Reso # Dauber requested clarification regarding the acceptance of this dedication and also requested a status report on the fence issue. The City Engineer explained the road right of way dedication and further reported that the Town Planner would be making a site visit next week and would be reporting to Council on that meeting. Jean Struthers, 13690 Robleda, noted that she had been on the Planning Commission several years ago when this issue had been discussed and she gave a brief explanation of the dedication. Dot Schreiner, 14301 Saddle Mountain, commented that she had been on the Pathway Committee when this matter was previously discussed and she recommended approval of this resolution. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to adopt Resolution #3-93 acknowledging offer of dedication of right of way on Lands of Markoff. `" January 20, 1993 `, 5. UNFINISHED BUSINESS 5.1 Request for a Site Development Permit for a new residence, pool and spa, Lands of Viso, 28620 Matadero Creek Court Bob Owen, applicant's contractor, noted that this issue had been discussed at the previous Council Meeting and he believed they had complied with Council's direction of reducing the proposed development area on the project. He noted that his client did not want to reduce the size of the house but had agreed to modifications in the overall development such as reducing the coverage of the parking area and providing for additional planting areas. Dauber believed that more outdoor living area was needed for this lot and proposed two conditions be added to those recommended by the Planning Commission. These conditions were: 1) require a recorded restriction notifying future owners that there was a specific limited amount of development remaining on this lot; and 2) require a landscape plan prior to the building permit being issued. Bob Owen, applicant's contractor, responded that it took time to do a landscaping plan and if there was a break in the weather they would like to proceed with the project. `. Frank Clohan, applicant's attorney, referred to the disclosure laws which were quite specific and had to be complied with and also noted that his client was in conformance with all of the Town's ordinances. He believed this project should be approved. Jim Viso, applicant, gave a brief history of this project and noted how he had spent a lot of time and money on modifying his project to comply with the Town's ordinances. He did not agree with Councilmember Dauber's proposed conditions and believed his application should be treated fairly since it was in conformance with the Town's regulations. Hubbard did not support these proposed conditions and thought they were an attempt to micromanage this project. Regarding the recorded restrictions on the project, he believed there were safeguards built into the system and supported only recording such restrictions in the case of extraordinary circumstances. Siegel supported Dauber's proposed conditions, noting that this project was built out to all limits of development. Johnson commented that he could not find a legal reason to object to this project. The staff recommended approval and he believed the issues had been addressed. January 20, 1993 MOTION SECONDED AND FAILED: Moved by Dauber, seconded by Siegel and failed by the following roll call vote to add the following condition to the site development permit for a new residence, pool and spa for Lands of Viso at 28620 Matadero Creek Court: to require a recorded restriction notifying future owners that there was a specific limited amount of development remaining on this lot. AYES: Councilmembers Dauber and Siegel NOES: Mayor Pro Tem Johnson and Councilmember Hubbard ABSENT: Mayor Tryon MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to approve a site development permit for a new residence, pool and spa for Lands of Viso at 28620 Matadero Creek Court subject to the conditions of approval as recommended by the Planning Commission and City Council. AYES: Mayor Pro Tem Johnson and Councilmembers Hubbard and Siegel NOES: Councilmember Dauber ABSENT: Mayor Tryon 6. NEW BUSINESS `r 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Finance Committee -- Annual Report Jim Steiner, Chairman - Finance Committee, presented their annual report to the Council. In reponse to an inquiry from Dauber concerning the committee's goals for the coming year, he noted that he had recently been appointed chair of this committee and they had a meeting scheduled for February 8th at which they would discuss goals and projects. Hubbard suggested a more detailed financial report. The City Manager noted that the Financial Consultant had submitted a revised format and Mr. Steiner commented they were working on this. Siegel mentioned that he believed it was unnecessary to hire someone to appraise Town property. He believed the Finance Committee could work on this project. Siegel further suggested the committee work on the concept of auditing the garbage company. The City Manager responded to an inquiry from Dauber concerning when the Finance Committee would become involved with the revision of the fee rates by saying that he would discuss this with them. PASSED BY CONSENSUS: To accept the Finance Committee's annual report and to thank the committee for their work and valuable input. January 20, 1993 L 98 MW 7.2 Community Relations Committee: final report on Town Float Roger Burnell, Chairman - Community Relations Committee, elaborated on the report before Council concerning the Town Float. He reported that they had leased a float bed for $300 which was a very good cost for this service. In addition the float materials were being stored at the Town Barn. However, he expressed concerns about the dirt from the yard waste center and noted that that was why they were unable to assemble and unassemble the float at that location. Concerning the charge for a tractor, Mr. Burnell explained that it was a parade policy that all floats be pulled by a tractor or a convertible. He commented that he was working on changing this policy as he believed a four wheel drive would be just as appropriate, if not more so, than some old tractor. In response to an inquiry from Council about the cost to the Town of participating in other parades, Mr. Burnell noted that the costs would include the float bed rental and the towing charge plus of course enough volunteers to work the float. On the subject of parades, Mr. Burnell commented that the Town float was going to be in the San Jose Parade this Christmas but due to rains this did not work out. In return for a donation of float materials for this year's float, he had agreed that the Town would participate in next year's San Jose Parade. A Councilmember noted that this agreement had not been reviewed by Council or approved by Council. Hubbard commented that Mr. Burnell had assembled this float on his property and had incurred approximately $700 in damage to his landscaping. Hubbard suggested that Council consider doing something about this expense. The City Attorney noted that on page nine of the report hold harmless forms should be executed by everyone working on the float not just those riding on the float. Dauber inquired as to the cost annually of putting the float together and also referred to her question raised during discussion of the warrant list on how the float bills had been paid. Phil Dauber, member of the Finance Committee, stated that he did not believe it was good procedure for anyone but the Town to handle cash contributions for a project and he further did not agree with anyone entering into contracts for the Town other than the Council. Roger Burnell, in reponse to Dauber's questions, commented that the costs on annual basis should be about $1,000 to $1,500 depending on how many of this year's materials can be reused. He further noted that Council had directed their committee to save money where possible on this project, thus he believed the agreement to exchange materials for participation in a neighboring parade was an agreeable proposal. On the subject of contributions, he noted that the contributions were really of materials not cash and he had worked with the Town on using his accounts to facilitate the project and then submitting the bills to the Town. January 20, 1993 It was agreed that Mr. Burnell and Mr. Steiner, Chairman of the Finance Committee, would discuss the Town Float and methods of clarifying the financing of this project. PASSED BY CONSENSUS: To thank Mr. Burnell for his excellent report on the Town Float Project and to thank all those who worked on this project. 7.3 Quarry Sub -Committee Siegel reported that on January 7th the County Planning Commission had heard John Vidovich's request for a General Plan Amendment. Without a recommendation, the request was sent to the Board of Supervisors for a decision. Mr. Vidovich had contacted the Councilmembers on the quarry sub -committee (Dauber and Siegel) and requested a meeting. They had met and had discussed an agreement with Mr. Vidovich which would include the Town working with him on several key issues of the project and would also include Mr. Vidovich filing a tentative map with the Town with some reliability that they were all working along the same lines. Mr. Vidovich would further place a deposit with the Town to cover staff costs of reviewing his project and would further agree not to pursue his application with the County for a period of one year. Since that discussion, he and Dauber had met again with Mr. Vidovich who apparently had changed his mind and now wanted to work with the County. Siegel suggested that the Council be %W prepared to go to the Board of Supervisors Meeting on this issue and also that Council visit the site particularly noting that there is no water in Hale Creek. Hubbard did not believe that there was any point in entering into an agreement with Mr. Vidovich as he would have to work with the Town if the General Plan amendment was not approved by the County. Also this proposed agreement would not have the input received through the tentative map process. Hubbard suggested Councilmembers contact the Board of Supervisors with their input on this issue. In response to Hubbard's comments, Siegel noted that the sub -committee would be receiving input from such involved persons as Dr. Martin and Libby Lucas and agencies such as Fish and Game and furthermore the sub -committee would be reporting on a regular basis to the Council. He believed this was a good opportunity to work with Mr. Vidovich on a project that would be good for the Town. It was noted that this was an informational report to the Council at this time and it was requested that a report from the quarry sub -committee be listed as a regular agenda item as this was an ongoing important issue. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Audit January 20, 1993 The City Manager reported that he was working with the Finance Committee �. on the audit report. 8.1.2 City Clerk The City Manager noted that the City Clerk would be taking a six -weeks leave due to an illness in the family and in her absence Karen Jost would be Acting City Clerk. 8.2 City Attorney 8.3 City Clerk 9. COUNCIL -INITIATED ITEMS 9.1 Sound Walls (Dauber) Dauber inquired about the sound walls in Los Altos and asked if the Town had been notified of this project. The City Engineer reported that the sound walls had been installed but it was then determined that they needed to be raised because the noise levels were too high. Los Altos had supported this increase in height and the Town was not officially notified as the sound walls were south of Los Altos Hills. 9.2 State-owned Land (Dauber) Dauber asked if the State had the authority to create a legal building site in the Town. The City Engineer responded that they could do it for State government purposes but not for housing. 10. PRESENTATIONS FROM THE FLOOR Jean Struthers, 13690 Robleda Road, referred to an article in the January 6th edition of the San Jose Mercury concerning Foothill College and Adobe Creek. She was asking Council on behalf of the Environmental Design and Protection Committee that they be permitted to write a letter to Foothill College requesting that they include native riparian vegetation if they were going to work on Adobe Creek. Council pointed out that Jean had been appointed by Council to a committee including representatives from both the Town and Los Altos to work on Adobe Creek issues including the Santa Clara Valley Water District and the College. Rather than sending a letter it was agreed that the more appropriate approach would be to work through this committee. ibw January 20, 1993 11. PUBLIC HEARINGS 12. CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Lease negotiations with Bay Area Cellular Telephone Company for a portion of Town property on Purissima Road The City Council adjourned to a Closed Session at 9:10 p.m. and reconvened at 9:40 p.m. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:40 p.m. R ectfully submitted�,�� atricia Dowd City Clerk The minutes of the January 20, 1993 City Council Meeting were approved at the February 17, 1993 City Council Meeting. January 20, 1993